Appeal No. 1996-0223
Application No. 07/931,563
The former comment is nonresponsive to appellants’ arguments and the latter comment is not
understood. The use of “strong salts or acids” to elute proteins from immunoaffinity columns was
discussed by appellants on page 8 of their brief in reference to Zimmerman, not Swanson. Moreover,
Zimmerman indicates that these “strong salts or acids” are useful in eluting active vitamin K-dependent
proteins from immunoaffinity columns (abstract and col. 6, lines 61-66), from plasma or recombinant
DNA protein sources (col. 2, lines 36-46). The examiner has not pointed out and we do not find
where Swanson or Falb disclose or suggest contacting a protein mixture containing Ca •prothrombin++
with an immobilized calcium-dependent antibody to form an immobilized antibody•Ca •prothrombin++
complex and then releasing prothrombin therefrom by contacting with EDTA which removes (chelates)
++ ++ 5
the Ca from the immobilized antibody•Ca •prothrombin complex. Neither Zimmerman nor Furie
1979 cure this deficiency. Rather, the only place we find such suggestion is in the appellants’6
specification. Thus, we find that the examiner has relied on impermissible hindsight in making his
determination of obviousness. W.L. Gore & Assocs. v. Garlock, Inc., 721 F.2d 1540, 1553, 220
USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984) (“To imbue one of ordinary
skill in the art with knowledge of the invention in suit, when no prior art reference or references of
5 The examiner relies on Zimmerman for its disclosure of using prothrombin derived from recombinant cells
as a protein source material for purification (answer, page 6).
+2 +2 +3 +2
6The examiner relies on Furie 1979 to show that Mg , Mn or Gd can replace Ca for binding to (-
carboxyglutamic acid residues in prothrombin (answer, page 7).
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